HomeMy WebLinkAbout2004-03-09 - RESOLUTIONS - SMD 1 SIERRA HWY ANNEX (2)RESOLUTION NO. 04-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, INITIATING PROCEEDINGS
AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF
CERTAIN TERRITORY KNOWN AS 17873 SIERRA HIGHWAY INTO SANTA CLARITA
STREETLIGHT MAINTENANCE DISTRICT NO. 1, AS ANNEXATION NO. 2003-1-57,
DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY
AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL
BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND
PLACE FOR HEARING OBJECTIONS THERETO
WHEREAS, the City Council of the City of Santa Clarita, pursuant to the provisions of
the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code
of the State of California (the "Act"), desires to initiate proceedings for the annexation of certain
territory (the "Annexed Area") to Santa Clarita Streetlight Maintenance District No. 1 (the
"District"), and declares the City's intention to order the annexation of the Annexed Area for the
levy and collection of annual assessment within the Annexed Area for Fiscal Year 2003/2004 for
the purposes provided therefore in the Act; and
WHEREAS, Froylan G. Huanosta (hereinafter referred to as the "Developer") is the sole
owner of that certain real property located in the City of Santa Clarita, County of Los Angeles,
State of California, more particularly described as follows:
Legal Description:
17873 Sierra Highway, in the City of Santa Clarita, County of Los Angeles, State of
California, currently known as Assessor Parcel No.2839-018-002.
WHEREAS, the Developer is developing the property as a Day Care Center development
(hereinafter referred to as the "Project"); and
WHEREAS, the improvements to be installed, constructed, or maintained within the
proposed Annexed Area may include installation, construction, or maintenance of any authorized
improvements under the Act, including, but not limited to, streetlight improvements and any
facilities which are appurtenant to any of the aforementioned or which are necessary or
convenient for the maintenance or servicing thereof; and
WHEREAS, Section 22608 of the Act limits the requirement for the resolutions,
Engineer's Report, notices of hearing, and right of majority protest under the Act to the territory
included within the annexation and waives these requirements with the written consent of all of
the owners of property within the territory to be annexed; and
Resolution No. 04-22
Page 2
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that a
notice of the proposed assessment along with a ballot shall be mailed to all owners of identified
parcels within the Annexed Area and that the agency shall conduct a public hearing not less than
45 days after the mailing of said notice; and
WHEREAS, the Annexation consists of the development known as Assessor Parcel
No. 2839-018-002; and
WHEREAS, the Developer has submitted a petition to the City requesting to have the
development annexed into the City's Streetlight Maintenance District No. 1; and
WHEREAS, the Developer, as stated in the petition, may waive all statutory notices of
hearing and rights of majority protest by any interested property owners within the Annexation;
and
WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is
designated proposed Annexation No. 2003-L57 into Santa Clarita Streetlight Maintenance
District No. 1 and an assessment showing the proposed boundaries of the territory to be annexed
into the District, which is benefited by the construction of the improvements and the amount to
be assessed against each of the parcels within the proposed annexation to the District; and
WHEREAS, the City has ordered the preparation of an Engineer's Report in accordance
with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code
giving a description of the annexation; and
WHEREAS, the Engineer's Report, diagram, and assessments have been approved and
filed with the City Clerk and are open to public inspection and may be referred to for all details
regarding the improvements, the boundary of the proposed annexation, the assessments, total
costs, and description of the parcels to be assessed; and
WHEREAS, this City Council has examined and considered the Engineer's Report,
diagram, assessments, and the proceedings prior thereto.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve
as follows:
SECTION 1. That the above recitals are true and correct.
SECTION 2. The City Council hereby finds (1) that the public interest, convenience,
and necessity require the maintenance of a street lighting system; and (2) declares its intention to
order the formation of the Annexation and to levy and collect assessments against the assessable
lots and/or parcels of land within such Annexation for that portion of the fiscal year commencing
July 1, 2003 and ending June 30, 2004, to pay the costs and expenses of the maintenance of
improvements described below. If the assessments proposed by this resolution are approved by
the property owners pursuant to a mailed ballot election conducted in accordance with
Article XIIID of the California Constitution, the City Council in subsequent fiscal years may
Resolution No. 04-22
Page 3
thereafter impose the assessment at any rate or amount that is less than or equal to the amount
authorized for Fiscal Year 2003/2004, increased each year based upon the Consumer Price
Index, All Urban Consumers for the Los Angeles -Anaheim -Riverside Area ("CPP'), as
determined by the United States Department of Labor, or its successor without conducting
another mailed ballot election. The Engineer shall compute the percentage of difference between
the CPI for March of each year and the CPI for the previous March, and shall then adjust the
existing assessment by an amount not to exceed such percentage for the following fiscal year.
Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such
index, the Engineer shall use the revised index or a comparable system as approved by the City
Council for determining fluctuations in the cost of living.
SECTION 3. That the City Council hereby proposes to annex into the Santa Clarita
Streetlight Maintenance District No. 1 the annexed area located at 17873 Sierra Highway, also
known as Assessor Parcel No. 2839-018-002, and to levy annual assessments thereon to provide
for the following work:
Installation, construction, or maintenance of any authorized improvements under the Act,
including, but not limited to, streetlight improvements and any facilities which are appurtenant to
any of the aforementioned or which are necessary or convenient for the maintenance or servicing
thereof.
The distinctive designation for the proposed annexed area shall be "Annexation
No. 2003-L57" to Santa Clarita Streetlight Maintenance District No. 1, when riferred to
separately and upon annexation will be included in the designation of Santa Clarita Streetlight
Maintenance District No. 1.
SECTION 4. That the property owner has provided the City Council of the City of
Santa Clarita a petition fully signed, waiving all statutory notices of hearing and notice periods,
granting the City the right to maintain and service the streetlight improvements and gives consent
to the establishment of an assessment for the proposed annexation of the property into the
District in an amount reasonably determined by the City to cover all costs and expenses incurred
for the continued maintenance, operation, and servicing of the streetlight improvements.
SECTION 5. A Diagram for the District (Section 22570 of the Streets and Highways
Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to
be annexed, benefited, and assessed for the improvements has been prepared as Exhibit
"A." The diagram, assessment, and improvement plans have been filed with the City Clerk.
SECTION 6. The diagram, which indicates by a boundary line the extent of the territory
proposed to be annexed into the District, is hereby declared to describe the proposed boundaries
of the proposed annexation to the District and shall govern for all details as to the extent and
location of said annexation.
SECTION 7. That the City Council is satisfied with the correctness of the diagram and
assessment, including the proceedings and all matters relating thereto.
Resolution No. 04-22
Page 4
SECTION 8. That notice is hereby given that on the 9th day of March, 2004, at the hour
of 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers at 23920 Valencia
Boulevard, in the City of Santa Clarita, the City will hold a public hearing to receive and tabulate
all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 9`h day of March, 2004.
11 �re-1mkvjrjwtoj
ATTEST:
CfFY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 9f° day of March, 2004, by the following vote:
AYES: COUNCILMEMBERS: McLean, Smyth, Weste, Ferry, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
Sam e EXHIBIT "A"
STREETLIGHT ANNEXATION NO. 2003-L57
Apn No. 2839 - 018 - 002
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 04-22, adopted by the City Council of the City of
Santa Clarita, California on March 9, 2004, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
,20--.
Sharon L. Dawson, CMC
City Clerk
Rv
Susan Coffman
Deputy City Clerk